What to Do in the First 30 Days After Filing a Personal Injury Lawsuit
Filing a personal injury lawsuit is a big step. Once those papers are filed, the clock starts ticking. The first 30 days can shape how the rest of your case plays out, and many people don’t know what to do next. Here’s a clear, practical look at what you should be doing right after filing.
| 01Talk to your attorney | 02Gather evidence | 03Track expenses | 04Manage finances |
Your Attorney Becomes Your Closest Contact
Right after filing, your attorney needs to be your first call for just about everything. They’ll walk you through what comes next, including when you can expect the defendant to respond, what the discovery process looks like, and how depositions work.
Don’t wait for your lawyer to reach out to you. Be proactive. If something happens, a phone call from the other party, a letter from an insurance company, anything, tell your attorney right away. That communication can be critical to your case.
This early phase is also a good time to make sure you understand your legal fees. Most personal injury attorneys work on contingency, meaning they only get paid if you win. Still, it’s worth reviewing the agreement so you know exactly what percentage they take and whether any costs come out of your settlement.
Money Doesn’t Stop Just Because a Lawsuit Has Started
One of the hardest parts of a personal injury case is that life keeps moving while your lawsuit is pending. Bills pile up. You may not be able to work. Medical treatment continues. This is where planning your finances in the first 30 days really matters.
| Worth knowingIf your case is taking time to settle, lawsuit funding options like DMS Funding can help cover living expenses while you wait without requiring repayment if you lose your case. |
Talk to a financial advisor if possible. Make a list of all your current expenses and compare them to what you have coming in. If there’s a gap, figure out how you’ll cover it, whether through savings, family support, or a funding option. Going into financial distress during a lawsuit can pressure you into accepting a lower settlement than you deserve.
Keep Every Single Medical Record and Bill
Your medical records are the backbone of your personal injury claim. From the moment you file, make sure every doctor’s visit, prescription, physical therapy session, and specialist consultation is being documented and saved.
Ask your healthcare providers for copies of records after every visit. Create a folder, physical or digital, where you store everything. Insurance explanations of benefits, receipts for medications, mileage logs for driving to appointments, all of it counts toward proving your damages.
Stop Posting on Social Media
This one sounds simple, but it trips people up constantly. Once your lawsuit is filed, defense attorneys and insurance adjusters will look at your social media profiles. A photo of you at a family gathering, or a post saying you had a great weekend, can be used to question how seriously you were injured.
Set all your profiles to private. Tell your friends and family not to tag you in anything for the time being. Better yet, step away from posting altogether until your case is resolved. It’s one of the easiest ways to protect yourself.
Write Down Everything You Remember
Memory fades fast. In the first 30 days after filing, sit down and write a detailed account of what happened. The accident itself, how you felt immediately after, every symptom you experienced, and how your injuries have affected your daily life. Include dates and times wherever possible.
Write about the emotional impact, too. Pain and suffering are real components of personal injury damages, and the more clearly you can describe how your life changed, the better your attorney can argue for fair compensation.
Keep a daily journal going forward. Note bad days, physical limitations, missed events, and anything that shows how the injury is still affecting you. This ongoing record can be incredibly valuable months down the line.
Know What Not to Say to the Other Side
Once a lawsuit is filed, you should not be communicating directly with the defendant or their insurance company without your attorney present. If anyone from the other side contacts you, politely decline to discuss anything and refer them to your lawyer.
Insurance adjusters are trained to get information that can reduce what they owe you. Even a casual comment like I’m doing okay can be taken out of context. Let your attorney handle all of that communication; that’s what they’re there for.
Follow Your Doctor’s Orders Without Exception
If you skip appointments, ignore treatment recommendations, or do activities your doctor told you to avoid, the defense can argue that your injuries aren’t as serious as you claim or that you made them worse by not following medical advice.
Stick to every appointment. Follow every prescription. If something feels off about a treatment plan, talk to your doctor, don’t just stop going. Consistent medical care not only helps your recovery, but it also builds a stronger paper trail for your case.
The first 30 days after filing a personal injury lawsuit set the tone for everything that follows. Stay organized, communicate openly with your attorney, protect your financial stability, and be careful about what you share publicly. Small steps in this early window can make a real difference in how your case turns out.
FAQ
Q1: What should I do immediately after filing a personal injury lawsuit?
Answer: Right after filing, your first step should be to contact your attorney. They will guide you through the next steps, including what to expect from the defendant’s response and the discovery process. It’s also important to keep them updated on any communications you receive related to your case.
Q2: How can I keep track of my expenses during the lawsuit?
Answer: It’s crucial to track all your expenses during this time. Make a list of your current expenses and compare them to your income. Consider speaking with a financial advisor to help plan your finances and explore options like lawsuit funding if you find yourself in a financial gap.
Q3: Why is it important to gather medical records after filing?
Answer: Your medical records are vital for your personal injury claim. They document your treatment and the extent of your injuries. Ensure you request copies of your records after each visit and store them in a designated folder, as they will help substantiate your damages in court.
Q4: Can I post on social media during my personal injury lawsuit?
Answer: It’s best to avoid posting on social media after filing your lawsuit. Defense attorneys and insurance adjusters may monitor your profiles, and any posts can be used against you. Consider setting your profiles to private or stepping away from posting entirely until your case is resolved.
Q5: What should I do if the other party contacts me?
Answer: If you are contacted by the defendant or their insurance company, do not engage in any discussion without your attorney present. Politely decline to provide any information and refer them to your lawyer. It’s crucial to let your attorney handle all communications to protect your case, especially when your financial situation may already be affected while waiting on support options like DMS Funding.